LUCKING v. DELANO

No. 8585.

117 F.2d 159 (1941)

LUCKING et al. v. DELANO, Comptroller of the Currency, et al.

Circuit Court of Appeals, Sixth Circuit.

January 9, 1941.


Attorney(s) appearing for the Case

William Alfred Lucking, of Detroit, Mich. (Laurence M. Sprague, George E. Leonard, Jr., and Lucking, Van Auken & Sprague, all of Detroit, Mich., on the brief), for appellants.

Frank E. Wood, of Cincinnati, Ohio, and William B. Cudlip, of Detroit, Mich., for appellees.

A. E. Power, of Detroit, Mich. (Carlos J. Jolly, A. E. Power, and R. O. Thomas, all of Detroit, Mich., on the brief), for General Motors Corporation.

Frank E. Wood and Robert S. Marx, both of Cincinnati, Ohio, and Carl Runge and Frank M. Wiseman, both of Detroit, Mich., on the brief for B. C. Schram, Receiver of First Nat. Bank-Detroit and First Nat. Bank-Detroit.

Harry C. Bulkley, William B. Cudlip, T. Donald Wade, Ellis B. Merry, and Bulkley, Ledyard, Dickinson & Wright, all of Detroit, Mich., on the brief for National Bank of Detroit.

Before HICKS, ALLEN, and HAMILTON, Circuit Judges.


PER CURIAM.

Appellants filed a class action on behalf of themselves and all general creditors, depositors and stockholders of First National Bank-Detroit, an insolvent national bank, for the purpose of attacking as invalid a sale, made after insolvency, of a portion of the bank's assets to the National Bank of Detroit, newly organized for that purpose. The District Court granted appellees' motion to dismiss the complaint...

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